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Home My WebLink AboutCC - Staff Report for 9-29 Page 1 HEARING DATE: 9/29/2020 TO: Mayor & City Council FROM: Joseph Dodson, Associate City Planner 208-884-5533 SUBJECT: TECC-2020-0002 Firenze Plaza LOCATION: NWC of E. Amity Road and S. Eagle Road. I. PROJECT DESCRIPTION Request for an 18-month time extension in order to obtain the City Engineer’s signature on phase one of the final plat. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 15.92 acres Existing/Proposed Zoning C-C Future Land Use Designation Mixed Use Community Existing Land Use(s) Vacant/Agriculture Proposed Land Use(s) Commercial Lots (# and type; bldg./common) 14 commercial lots; 11building lots; 2 common lots; and 1 other lot for right-of-way dedication Neighborhood meeting date; # of attendees: July 30, 2020 (Zoom) – One (1) person attended. History (previous approvals) H-2016-0102 (AZ, CPAM, PP); DA Inst. #2017-041827; A-2017-0098 (CZC); A-2019-0120 (TED); H-2019-0067 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Tamara Thompson, The Land Group – 462 E. Shore Dr., Ste. 100, Eagle, ID 83616 B. Owner: ABS ID -O, LLC – 250 E. Parkcenter Blvd., Boise, ID 83726 C. Representative: Same as Applicant IV. NOTICING City Council Posting Date Notification published in newspaper 9/4/2020 Notification mailed to property owners within 300 feet 9/1/2020 Applicant posted public hearing notice on site 9/18/2020 Nextdoor posting 9/2/2020 V. UNIFIED DEVELOPMENT CODE ANALYSIS (UDC) Per UDC 11-6B-7C, “Upon written request and filing by the applicant prior to the termination of the period in accord with subsections A and B of this section, the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the city council may be 0BFuture Land Use Map 1BAerial Map Page 3 granted. With all extensions, the director or city council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title.” The preliminary plat for this project was approved by City Council on February 7, 2016 and was valid for 2 years. Prior to the expiration date, an administrative time extension (A-2019-0120) was requested and approved by the Director on March 22, 2019, which granted an additional 18 month period of time, until August 7, 2020, in order to obtain the City Engineer’s signature on the final plat (H-2019-0067) that was approved by City Council on July 16, 2019 (orders on August 6, 2019). The reason for the previous time extension was due to an increase in construction costs, coordination with ACHD, and an overall labor shortage, both in the construction industry and in employees for the new Albertson’s store, according to the submitted narrative in 2019. Prior to expiration of the previous time extension, the Applicant submitted a request for this subsequent time extension. The reasons for this latest request, per the Applicant’s narrative, are the same as the previous ones listed above. Since the preliminary plat, final plat, and previous time extension were approved, there have not been any City Code changes that would necessitate new conditions being placed on the subject time extension. However, the design of the intersection at Eagle and Amity has changed. ACHD’s response letter (see attached Exhibit VII.D) to this application notes that additional right-of-way (ROW) or easement may be required for the current roundabout design. If the Applicant participates in a cost-share agreement for construction of the Eagle Road driveway and deceleration lane, ACHD will construct these improvements as part of the intersection project. If the costs are not paid by the Applicant, ACHD will not complete the improvements and additional ROW will be needed for the deceleration lane without compensation. The Applicant should continue working closely with ACHD on the latest construction plans (currently at 99% completion) for the planned roundabout to ensure minimal changes to the plat. One of the changes in the roundabout design is a 10-foot attached sidewalk rather than a 10-foot detached sidewalk as previously approved with the final plat. This change requires the landscape buffer be measured from the back of sidewalk rather than from back of curb, as required by code. The Applicant may need to add additional land area to fully comply with the landscape buffer requirements or request Alternative Compliance with a new CZC application to reduce this buffer. Regardless, the Applicant will be required to construct the landscape buffers along Amity and Eagle and associated frontage improvements with phase 1 as required with the final plat and recorded development agreement. The existing development agreement (DA) between the applicant and the City (provision 5.k) allows one right-in/right-out access to Amity Road and one to Eagle Road from the commercial portion of the property. ACHD also approved these accesses previously but with the CZC application and not the plat; the CZC has since expired. Although the DA allows the two accesses, ACHD has the authority to re-evaluate the access due to the CZC expiring. This creates a conflict between the existing DA approved by the City and ACHD’s recent letter due to the approved CZC expiring. With the current design of the roundabout, ACHD did not include the right-in/right-out access to Amity Road; there is a “bypass” lane in the roundabout design that allows southbound Eagle Road traffic to go westbound on Amity in a dedicated lane. This design affects driveway locations for the subject site and ACHD will evaluate the driveway locations during the review of the new CZC application. In addition, with the preliminary plat approval in 2016, ACHD required that the Applicant enter into a Cooperative Development Agreement with ACHD for the widening of the roundabout at Eagle and Amity, and the widening of Eagle Road—according to ACHD, the Applicant could not commit to constructing the improvements and provide a timeframe for the development. These were the determining factors as to why the agreement was terminated in 2019. It is also important to note, that the Building Division still shows the applicant having active building permits for this project. The applicant will be required to submit for a new CZC and DES Page 4 approval (including site and landscape plans) to the City before commencing with construction, as required with the preliminary plat approval. Approval of the subject time extension will allow the Applicant to work with ACHD on any relevant changes with the roundabout design and obtain the City Engineer’s signature on the final plat and proceed with development of the property. ACHD and City Staff are not recommending any new plat conditions of approval to be incorporated with this project. However, the applicant is required to comply with all previous conditions of approval approved with the development of the subject property, including the requirement to obtain new CZC and DES approvals prior to any construction. VI. DECISION A. Staff: Staff recommends approval of the proposed time extension of the Final Plat for a time period of 18 months, as requested, to expire on February 7, 2022 if the City Engineer’s signature is not obtained first. VII. EXHIBITS A. Final Plat (date: 5/14/2019) Page 5 B. Final Plat Landscape Plans (dated: 5/15/2019) Page 6 Page 7 C. 95% Construction Plans – Eagle & Amity Roads Roundabout (relevant sections) Page 8 Page 9 D. ACHD Response Letter Page 10